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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.41 OF 2024
(@ OUT OF SLP(Crl.) No. 10414/2023)
ARUN DEV Appellant(s)
VERSUS
STATE OF KERALA AND ANR Respondent(s)
ORDER
Leave granted.
Heard the learned counsel appearing for the parties and also perused the record. This is a case where the sister of the appellant-accused as well as father have already been
granted anticipatory bail.
We have also perused the injuries said to have been caused by the appellant and they are extracted in paragraph 7 of the impugned order as under:
7. The wound certificate reveals that the defacto complainant sustained an injury of 2x1x2cm
on the head of the defacto complainant. The FI Statement also specifically refers to the injury sustained by the defecto complainant on his neck.
The FIR reveals that the chopper was handled by the 1 st accused. As regards the allegation against the 2 nd accused is concerned, he is alleged to have used an iron rod.
Considering the facts and circumstances of the case, we are inclined to grant anticipatory bail to the appellant. In the event of arrest, the appellant shall be released on bail on such terms and conditions as it may be found appropriate by the Trial Court.
The appeal is allowed accordingly.
.. J. [ PAMIDIGHANTAM SRI NARASIMHA]
J. [ ARAVIND KUMAR ]
New Delhi
January 3, 2024.
ITEM NO.9 COURT NO.16 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10414/2023
(Arising out of impugned final judgment and order dated 13-06-2023 in BA No. 4422/2023 passed by the High Court Of Kerala At Ernakulam)
ARUN DEV Petitioner(s)
VERSUS
STATE OF KERALA AND ANR Respondent(s)
(FOR ADMISSION and IA No.165086/2023-EXEMPTION FROM FILING O.T. )
Date : 03-01-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON’BLE MR. JUSTICE ARAVIND KUMAR
For Petitioner(s) Mr. Subash Chandran, Adv.
Mr. Alabhya Damijia, Adv.
Mrs. Kavitha Kt, Adv.
Ms. Jeevlin Jiji, Adv.
Mrs. Achsah Elizabeth Raju, Adv.
M/S. Subash Chandran & Kavitha Law Associates, AOR
For Respondent(s) Mr. Alim Anvar, Adv.
Mr. Nishe Rajen Shonker, AOR
Ms. Anu K. Joy, Adv.
Mr. Abraham Mathew, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
Relevant portion of the order is as under:
Considering the facts and circumstances of the case, we are inclined to grant
anticipatory bail to the appellant. In the event of arrest, the appellant shall be
released on bail on such terms and conditions as it may be found appropriate by the Trial Court.
Pending applications, if any, also stand disposed of.
(INDU MARWAH) (NIDHI WASON)
COURT MASTER (SH) COURT MASTER(NSH)
(signed order is placed on the file)